Additional Formats

Affected Code

House Joint Resolution 6 - IntroducedA Bill ForA Joint Resolution 1proposing an amendment to the Constitution 2of the State of Iowa relating to the gubernatorial line of 3succession.4BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:1 Section 1. The following amendment to the Constitution of 2the State of Iowa is proposed:3Section 4 of Article IV of the Constitution of the State of 4Iowa, as amended by amendment number 1 of the Amendments of 51952 and by amendment number 1 of the Amendments of 1988, is 6repealed and the following adopted in lieu thereof:7Sec.4.Election by general assembly in case of tie 8— inability of governor-elect to qualify — succession by 9lieutenant governor — inauguration of governor and lieutenant 10governor upon removal of inability of governor-elect to 11qualify. The nominees for governor and lieutenant governor 12jointly having the highest number of votes cast for them shall 13be declared duly elected. If two or more sets of nominees for 14governor and lieutenant governor have an equal and the highest 15number of votes for the offices jointly, the general assembly 16shall by joint vote proceed, as soon as is possible, to elect 17one set of nominees for governor and lieutenant governor.18If after the final canvass of votes but before inauguration 19the governor-elect has since died, does not qualify, or 20is permanently unable to become governor, the lieutenant 21governor-elect shall become the governor upon inauguration, to 22the exclusion of any other office, for the residue of the term. 23In the event of a temporary inability of the governor-elect 24to assume office, the lieutenant governor-elect shall become 25governor upon inauguration, until the inability is removed, at 26which time, the governor-elect and lieutenant governor-elect 27shall become governor and lieutenant governor, respectively, 28upon inauguration. 29Section 10 of Article IV of the Constitution of the State of 30Iowa is amended to read as follows:31Sec.10.Vacancies — lieutenant governor vacancy. When 32any office, excluding the office of lieutenant governor,33 shall, from any cause, become vacant, and no mode is provided 34by the constitution and laws for filling such vacancy, the 35governor shall have power to fill such vacancy, by granting a -1-1commission, which shall expire at the end of the next session 2of the general assembly, or at the next election by the people.3When the office of lieutenant governor shall, from any 4cause, become vacant, and no mode is otherwise provided by the 5constitution for filling such vacancy, the governor shall have 6power to fill such vacancy for the residue of the term, by 7granting a commission, which shall expire as provided in the 8constitution.9Section 17 of Article IV of the Constitution of the State of 10Iowa is repealed and the following adopted in lieu thereof:11Sec.17.Lieutenant governor to become governor — filling 12of lieutenant governor vacancy. In case of death, impeachment, 13resignation, removal from office, or other inability to serve 14of the governor, the lieutenant governor shall succeed and 15become the governor, to the exclusion of any other office. If 16the preceding governor thereafter becomes able to serve, the 17preceding governor shall become governor and the succeeding 18governor shall resume the office of lieutenant governor, to 19the exclusion of any other office, each for the residue of the 20term, respectively. If the succeeding governor has filled a 21vacancy in the office of lieutenant governor by granting a 22commission, that commission shall expire upon the resumption of 23the office of lieutenant governor by the preceding lieutenant 24governor.25Section 19 of Article IV of the Constitution of the State 26of Iowa, as amended by amendment number 2 of the Amendments of 271952 and by amendment number 2 of the Amendments of 1988, is 28repealed and the following adopted in lieu thereof:29Sec.19.Succession to office of governor and lieutenant 30governor — simultaneous inability to serve — qualification of 31successor governor to office. If the governor and lieutenant 32governor are simultaneously unable to serve, the president of 33the senate shall become governor, followed by the speaker of 34the house of representatives if the president of the senate 35is unable or unwilling to serve, followed by the president -2-1pro tempore of the senate if the speaker of the house of 2representatives is unable or unwilling to serve, followed 3by the speaker pro tempore of the house of representatives 4if the president pro tempore of the senate is unable or 5unwilling to serve, each succeeding, to the exclusion of any 6other office. If none of the above are able or willing to 7serve as governor and the general assembly is not in session, 8the justices of the supreme court shall convene the general 9assembly by proclamation and the general assembly shall 10organize by the election of a president of the senate and a 11speaker of the house of representatives. The president-elect 12of the senate shall then become governor. If at that time the 13president-elect of the senate is unable or unwilling to serve, 14the speaker-elect of the house of representatives shall become 15governor.16If the governor so succeeded becomes able to serve, the 17governor so succeeded shall resume the office of governor. If 18the lieutenant governor so succeeded becomes able to serve 19while the governor so succeeded remains unable to serve, the 20lieutenant governor so succeeded shall assume the office of 21governor.22 Sec. 2.REFERRAL AND PUBLICATION. The foregoing proposed 23amendment to the Constitution of the State of Iowa is referred 24to the general assembly to be chosen at the next general 25election for members of the general assembly, and the secretary 26of state is directed to cause the proposed amendment to be 27published for three consecutive months previous to the date of 28that election as provided by law.29EXPLANATION30The inclusion of this explanation does not constitute agreement with31the explanation’s substance by the members of the general assembly.32This joint resolution proposes an amendment to the 33Constitution of the State of Iowa relating to the consequences 34of a governor becoming temporarily or permanently unable to 35perform the duties of the governor. In the case of a temporary -3-1disability or an impeachment with the possibility of acquittal, 2the lieutenant governor shall have the powers of the governor 3until the governor is able to resume the office. In the case 4of a permanent disability, death, resignation, or removal 5from office of the governor including by impeachment, the 6lieutenant governor shall assume the office of the governor. 7In this case, the former lieutenant governor shall appoint a 8new lieutenant governor, who will have the same powers and 9duties as one who was elected, including the duty to act as 10governor, or to assume the office of the governor and appoint a 11new lieutenant governor.12The resolution, if adopted, would be published and then 13referred to the next general assembly (89th) for adoption, 14before being submitted to the electorate for ratification.-4-ss/jh

Comments?webmaster@legis.iowa.gov
(Please remember that the webmaster does not vote on bills.
Direct all comments concerning legislation to State Legislators.)